These cases are very common in various Courts of India and Supreme Court of India. I can understand your concern in this regard. Third party (similarly affected) can be impleaded in the case. The Hon’ble Supreme Court has emphasized that Section 20 applies to civil and criminal contempts and would also apply to the contempt committed on the face of High Court or the Supreme Court or even Subordinate Courts. Therefore, with regard the instituting both together, the documents is to be examined. In an inter-party proceeding, orders of the Court bind only the parties to such proceedings. Therefore, violation of such orders by any of the parties to the proceedings may amount to contempt of Court, punishable in terms of the provisions of the Contempt of Courts Act, 1971. However, there may be instances where the violation/ disregard of Court's order results not only from the conduct of the parties to the proceedings, rather, from the conduct of persons totally unrelated thereto ("third person"). Under such circumstances, providing immunity to third person on pure technical grounds that the orders of Court bind only parties to the proceedings, would amount to permitting indirect assault on the majesty and supremacy of judiciary, which the Courts are bound to protect.
Law on third party liability in contempt proceedings in India is primarily an adaptation of the principles of English Law. One of the earliest English cases discussing the liability of third party in contempt proceedings is that of Seaward v. Paterson, (1897) 1 Ch. 545. The Hon'ble Chancery Division, while acknowledging the difference between the person bound by order of Court and a person, though not bound by such order, but conducting himself in the manner so as to obstruct the course of justice, held, "In the one case the party who is bound by the injunction is proceeded against for the purpose of enforcing the order of the Court for the benefit of the person who got it. In the other case the Court will not allow its process to be set at naught and treated with contempt." Similarly, Lord Denning in Acrow (Automation) Ltd. v. Rex Chainbelt Inc., (1971) 3 All ER 1175 held, "The Court has jurisdiction to commit for contempt person, not a party to the action who knowing of an injunction, aids and abets the defendant in breaking it."
The aforementioned principles were adopted by the Hon'ble Supreme Court in Sita Ram v. Balbir alias Bali, (2017) 2 SCC 456, while imposing liability on third persons, aiding and abetting the contemnor in flouting the orders of the Hon'ble Court. The Hon'ble Madras High Court in Vidya Charan Shukla v. Tamil Nadu Olympic Association & Anr., AIR 1991 Mad. 323, while carrying out an exhaustive review of the case laws on the subject, observed, "We can see thus clearly that the Courts in India invariably accepted the law applied in England and found (1) a party to the suit if he had notice or knowledge of the order of the Court and (2) a third party or a stranger, if he had aided or abetted the violation with notice or knowledge of the order of injunction guilty of civil contempt and otherwise found a third party guilty of criminal contempt if he has been found knowingly obstructing implementation of its order or direction.."
Conclusively, mere absence of law specifically providing for the liability of third party in contempt proceedings has not acted as a deterrent for the Courts to reprimand the violators of its orders, though, not specifically named therein or expressly bound by it. In fact, through the process of adoption and traversing the rugged terrains through years, Courts have developed a mechanism wherein no violator of its order/ injunction is left unpunished, even though not a party to a proceeding before Court. Clearly an act of violation of order of the order of Court or interfering with the administration of justice by third person amounts to contempt by such third person. As Lord Justice Eveleigh in Z LTD. v. A-Z AND AA-LL, [1982] Q.B. 558 observed, "It is true that his conduct may very often be seen as possessing a dual character of contempt of court by himself and aiding and abetting the contempt by another, but the conduct will always amount to contempt of court by himself. It will be conduct which knowingly interferes with the administration of justice by causing the order of the court to be thwarted."
Detailed discussion is required in such cases with relevant documents.
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